California’s Supreme Court has ruled unanimously that the principal architects for a condominium project may be sued directly by a condominium homeowners association for design defects.
Skidmore, Owings & Merrill and HKS, Inc. were the principal architects for a 595 unit condominium project built near AT&T Park in San Francisco. The case, Beacon Residential Community Association v. Skidmore, Owings & Merrill, LLP, pertained to a 595-unit condominium project built near AT&T Park in San Francisco.
The units allegedly developing several defects including water infiltration, structural cracks, and overheating that made units virtually uninhabitable at times. The homeowners association sued the architects, alleging that these defects were caused by negligent design.
The decision highlighted the closeness of the connection between the architects’ conduct and the plaintiffs’ injuries, the limited and predictable class of potential plaintiffs, and the absence of options for the owners in obtaining design services on their own.
The decision held that even though, on most projects, the developer has the final say on design choices, the architect can’t escape liability to the end user. This decision is likely to give homeowners associations another target in defect cases. Architecture firms should consult their liability insurer to determine whether these claims will be covered.
(http://www.jdsupra.com/legalnews/architects-may-be-sued-directly-by-homeo-19296/)
Related Stories
| Oct 20, 2011
New York City moving to speedier, online design reviews
New York City is moving towards a development design review process that will let officials and developers review blueprints for new projects online in a virtual conference room rather than in person.
| Oct 20, 2011
Michigan bill would let private firms operate as a city’s building department
Michigan House Bill 5011 would change state’s building code to allow private companies to operate as a municipality's building department.
| Oct 20, 2011
Alabama’s strict immigration law drives away construction workers
Alabama's strict new immigration law is driving many construction workers and roofers from the state.
| Oct 20, 2011
Fed bill would allow school rehab funding via historic tax credits
Virginia Sens. Jim Webb (D) and Mark Warner (D) introduced a bill this month to rehab aging schools across the country through the use of historic tax credits.
| Oct 20, 2011
Process leads to new design values for southern pine and other visually graded dimension lumber
A summary of the process used to develop new design values will clarify many of the questions received by the SFPA.
| Oct 19, 2011
Another drop for Architecture Billings Index
Positive conditions seen last month were more of an aberration.
| Oct 18, 2011
Dow Building Solutions invests in two research facilities to deliver data to building and construction industry
State-of-the-art monitoring system allows researchers to collect, analyze and process the performance of wall systems.
| Oct 14, 2011
ACI partners with CRSI to launch new adhesive anchor certification program
Adhesive anchor installer certification required in new ACI 318-11.
| Oct 13, 2011
New Building Materials Label Focuses On Sustainability
Architectural products company Construction Specialities and design firm Perkins + Will have created a label for building materials to shed light on product content.
| Oct 13, 2011
New Law: California Building Standards Commission Must Include Green Expert
A new California law, AB 930, requires that one member of the California Building Standards Commission be “experienced and knowledgeable in sustainable building, design, construction, and operation.”
